Dowry Prohibition Act and

supporting laws in India

Historical Evolution of Concept of Dowry

• The first occurrence of the dowry practice in

South Asia dates back to 2000 years
• In Manu Smruti, Manu has asserted about the
concept of Stridhan*.
• Stridhan consists of gifts that are voluntarily &
exclusively given to Bride by her father during
the time of marriage for her security but it is
entirely different from the concept of Dowry
 Conti…
• Historians trace back the tradition of dowry to the
Kanyadhana which is the vital part of marriage
( first 2 forms among 8forms of marriage)
• While giving kanya as a Dhana, the person who is
performing Kanyadhana has to Put Dhakshina in
order to complete that Ritual
• Again there is no rules regarding the quantum of
such dhakshina or on forms of dhakshina. It may
be in the form of cash or kind
 Conti…
• Hence it is apparent from the literature that
the concept of varadhakshina emerged as a
ritual and later on it has been considered as a
gift given at the time of marriage, in order to
secure the interest of young daughter in the
male dominating system of society and now
the nomenclature has changed and now
varadhakshina is known as Dowry which is one
among the social evils.
Historical evolution of Anti dowry laws
• Sindh Leti-Deti Act 1939
• Bihar Dowry Restraint Act 1950
• The Andhra Pradesh Dowry Prohibition Act
1958
Key points of Dowry Prohibition Act of 1961

• Objectives of the Act

• To prohibit the giving and taking of Dowry
• Structure of the Dowry Prohibition Act 1961
• The Act has been designed with the help of 10
sections with 2 amendments and 1 Rules
• Amendment Act of 1984 & Amendment Act of
1986-intends to give more deterrent effect to the
existing Act
• Dowry Prohibition( Maintenance of lists of
presents to the bride & bride groom) Rules 1985
 Definition of Dowry U/S 2 of the Act
• According to this Act Dowry means “ Any property
or valuable security* given or agreed to be given
either directly or indirectly –
a. By one party to a marriage to the other party to
the Marriage
b. By the parents of either party to a marriage or by
any other person to the either party to the
marriage or to any other person- at or before or
after the marriage – Dower/mehr has been
excluded
 Important points
• Dowry demand should be as consideration to the
marriage and have close connection with the
marriage
• Valuables or gifts given for festivals and in special
occasions are not comes with in the meaning of
dowry
• Sum of money given by the Muslim Father in
connection with his daughters marriage to
prospective bride groom for the purchase of piece of
land in the joint name of his daughter does not
amounts to dowry (Kunju Moideen V.Syed
Mohamed)
Exemptions to the provisions of sec 2 of the
DPAct1961
• presents which are given at the time of
marriage to the bride & bride groom
voluntarily provided such presents are
entered in a list maintained in accordance
with the rules made under this Act
• If such Valuables are customary in nature and
the value there of is not excessive having
regard to the financial status of the person
who is giving such valuables
Section 3 penalty for giving or taking dowry

• If any person after the commencement of this

Act, gives or takes or abets the giving or taking
of the dowry he shall be punishable with the
1. Imprisonment for a term not less than
5years ( exceptional cases* court can reduce)
2. Fine which shall not less than 15000 or value
of dowry which ever is higher
Section 4 penalty for demanding dowry
• Imprisonment shall not less than 6 months &
may extend up to 2years
• Fine up to 10,000/
• However the court has discretion even to
reduce
 Important points
• Demand of dowry U/S 4 is not a continuing
offence but the repetition of such demands
constitutes a fresh offence
• Date of offence is the date of each demand for
dowry e.g. – Once BG demanded before
marriage again at the time of marriage after
that again sought many times after marriage
 Conti…
• Bhoora Singh V. State (1993)
• Daughter wrote a letter to the parents that
she was being ill treated, harassed and
threatened of consequences for non
fulfillment of dowry demands , held offence
committed under the Act
 Section 4A Ban on advertisement
• If any person offers through news paper etc or
• Circulates in any form regarding the sharing of
money, property or business as a consideration to
the marriage – shall be punishable 6months to 5
yrs & fine up to 15000/ court has the discretion
to reduce by stating reasons
• Agreement for giving or taking dowry is void –
(Sec5)
 Sec 6- dowry for the benefit of wife or her
heirs
• the person who received dowry on behalf of women
shall return the same to the woman on whose behalf
he received valuables should be returned with in (3
months)one year to the women
• In case of lapse on the part of that person then he
shall be punishable with the imprisonment of 6-5yrs
& fine of 5000 to 10000)
• If that lady dies before receiving the valuables – her
heirs are entitle to claim the same –if no heirs, her
parents are entitled to claim
 Sec 7 cognizance of offences
• MM or Judicial Magistrate of first class can
extend its jurisdiction over the offences under
this Act based on a Complaint by her self or by
her parents or on the report of police or by
the court itself
• The offences under this Act – non bailable and
non compoundable
 Important points
• Burden of Proof – lies on the accused (8A)
• Dowry Prohibition Officers –
• State Government may appoint dowry
prohibition officers -in any number with the
following powers
1. To prevent taking, abetting or demanding of
dowry
2. To collect evidences in order to prosecute the
person, who has committed the offence
 Conti…
3. To perform all such additional functions as
may be assigned to him by the state
Government or by the Act
4. The State Government may confer such
powers on Police officers
5. State Can appoint Advisory Board Consisting
of not more than five social welfare workers
out of whom 2 shall be women
 Section 9 power to make rules
• The Central Government as well as State
Government may, by notification in the
official gazette, make rules for carrying out the
purpose of this Act
 Anti dowry provisions - IPC
• Sec 304B
• This section has been inserted by the 1986
amendment to IPC
• Section 304B deals with dowry death
• The legitimate presumption under this section is –
where a woman dead with in 7 years of her
marriage with unnatural injury, or as a result of
harassment soon before the death in connection
with dowry demand – can be punishable with the
imprisonment of 7 years or life
 Section 406 of IPC
• This section deals with Criminal Breach of
Trust
• Usually applied in investigation of Stridhan
recovery from the husband and family
• The offences under this section is bailable and
cognizable
• Punishment which can be extended up to
3years or with fine or with both
 498A of IPC
• This section has been introduced by the 1983 amendment to
the IPC
• It deals with the Cruelty by the husband or his relatives before
or at or during the course of marriage
• The offence under this section is non bailable, non
compoundable and cognizable
• Can be punishable with the term of 3 years with the fine .
However this section is subjected to crucial criticisms like
• In Sushil Kumar sharma V. UOI, SC has declared 498A as a Legal
Terrorism & even Many Men's Rights Movement has address
the same problem as unconstitutional & arbitrary
 Domestic Violence Act 2005/2006
• For the purpose of this Act DV includes the
demand for Dowry
 Practical problems
• Definition part of DP Act is ambiguous and failed to
attain the purpose since the purpose is not
supported by the strict provisions e.g.
• One or either way it permits giving valuables at the
time of marriage
• Sec 113B of Indian Evidence Act is vogue
• Lack of effective investigation by the concerned
officers ( Sudha Goel Case)
• Since it is a Captured Law – always Fight between
Custom and Transformation
 Possible solutions
• Complete prohibition on giving and taking gifts
or valuables at the time of marriage or in
connection with the marriage
• Concentration on the socio- economic
development of women
• Equal rights over all kinds of property ( prior to
1937, 1937 -1956, 1956-2005)
• 7years time limitation should be removed since
it is likely to post pone the date of murder
Best wishes by

Dr. Yogamala ,H.L

( B.Com, LL.M, PhD)

Consultant SEVOTTAM
ATI, MYSORE